Deflating hot-air balloon industry

Since the mid-1970s, hot-air balloons have been part of the fabric of the San Diego North County community, from coastal Del Mar and Encinitas inland to Rancho Peñasquitos. The city of San Diego has now decided that the operation of hot-air balloons is an illegal activity.

Almost every evening, between eight and 12 family-run small businesses carry tourists from Japan, Russia, Europe, and the 49 other American states on scenic balloon flights. These flights generally begin in the Del Mar area, flying east up Carmel Valley to land wherever the fickle winds have carried them. Some 300 days each year will see 10 to 12 hot-air balloons, each carrying between six and 12 passengers, floating gently eastward with the onshore breezes. Most such sunset flights conclude with a traditional toast of excellent California Champagne to celebrate a unique, enjoyable, and successful experience.

Over the past 35 years, this popular tourism activity in San Diego County has become one of the three or four favorite destinations worldwide for the young-at-heart and those who seek the unique thrills that only a flight in a hot-air balloon can provide. A conservative estimate indicates that approximately 30,000 tourists each year come to San Diego County to fly in the balloons and, incidentally, to visit our many other attractions. While here, they will spend in the neighborhood of $30 million at our hotels, restaurants, and other attractions.

Within the past year or so, the city of San Diego’s Park and Recreation Department has begun issuing citations to balloon pilots and operators. In the beginning the citations alleged trespass – a misdemeanor crime. Lately, they have added several obscure sections of the San Diego City Municipal Code that make it unlawful to “solicit business” within the city limits without a special permit, also a misdemeanor. Both crimes are punishable by up to six months in the county jail.

The crime? Landing a hot-air balloon within the city limits. San Diego’s boundaries reach north almost to Escondido, leaving precious little space to lawfully land a hot-air balloon.

While the actual code sections specifically refer to activities “within any public park or plaza or beach areas within the City of San Diego,” city park rangers have issued such citations to balloonists for landing (with permission) in county parks, and on private property that happens to be located within the city limits of San Diego.

The City Attorney’s Office recently addressed a letter to all local balloon operators advising them that “criminal prosecutions may result in up to $1,000 in penalties. And/or six months in County Jail per violation.” “Despite City efforts, ballooning operations have continued and persist today”.

The Mayor’s Office has advised balloonists that every random landing of a hot-air balloon will require a special permit, which cannot be issued until an environmental impact report has been submitted and approved.

Not surprisingly, the people in this business, which draws 30,000 tourists who in turn spend approximately $30 million in our community, feel threatened.

Balloon pilots, upon hearing from their ground crews via radio that a park ranger is following them, are reluctant to land and risk six months in jail. They may be tempted to “stretch” their fuel, and available daylight, trying to reach a safe haven out of the park ranger’s jurisdiction. In so doing, they may be risking a crash landing in the dark, or an out-of-fuel hard landing with injured tourists.

Despite the Park and Recreation Department’s alarm about the potential damage to the “sensitive” vegetation, or the potential for passengers walking at the landing sites to “disturb the soil,” a challenge to provide any evidence of an environmental “footprint” from ballooning activities over the past 35 years went unanswered. The only response: “We must be certain the codes are enforced”.

Perhaps we need to balance the ecological cost of a boot print disturbing the soil, or a trampled tumbleweed, against the loss of $30 million in annual economic benefits to the citizens of San Diego city and county.

Griscom is an aviation attorney in San Diego who represents a balloonist charged by the city attorney’s office with misdemeanor trespassing. He can be reached at bob@griscomaviationlaw.com